Austrian father’s legal fight for son’s death ends in partial victory
An Austrian father's legal battle for compensation following his son's tragic death in a car accident has concluded. The father sought damages for emotional trauma and potential future support from his son's motor vehicle liability insurer.
The father's quest for compensation began after the Leoben Regional Court ruled that his son was unlikely to have been legally obligated to support him, given the father's fixed pension and the son's modest income. The father then appealed the maintenance ruling, citing potential future health costs, but the Graz Higher Regional Court upheld the decision.
The father also sued the Versicherungskammer, seeking compensation for emotional trauma. The lower court awarded him €12,000 in damages for psychological distress and diminished quality of life. However, the final, binding judgment absolved the insurer of any obligation to act as a surrogate son and provide future support. The Austrian Civil Code stipulates that a child may be obligated to support their parents if the parent cannot support themselves and the child has the financial means.
Meanwhile, the motor vehicle liability insurance was obligated to cover certain costs, such as funeral expenses, for the passenger's death. The father's despair at his son's death was profound, as the two shared a close bond, with the son living with his father even after starting work.
The father's legal journey has come to an end, with the final judgment bringing closure to his pursuit of compensation. The father's emotional trauma and the son's untimely death remain a tragic reminder of the human cost of accidents.
